Private and religious schools are obligated to provide a safe environment for their students, guided by a duty of care that requires reasonable precautions to prevent foreseeable harm. This duty includes protecting students from physical injuries, emotional harm, bullying, harassment, and ensuring their overall well-being. Although private and religious schools are not governed by the same public regulations as state-run institutions, they must still exercise a reasonable standard of care. School Liability Expert Group and its private and religious school experts can assist in determining whether the duty of care was breached resulting in harm to students.
We offer private school expert witness services or religious school expert witness services, to law firms and schools across the entire United States and can step in and assist in various circumstances. Our highly experienced team can work with defendant or plaintiff attorneys on expert reports, testimony, and consultations. We can also offer our consultation services to schools and parents for student injury or general program quality and compliance issues. If you believe one of our experts can assist, book a call today. One of our private and religious school experts will be happy to discuss your situation.
Standard of Care and Accreditation
The professional standard of care for private and religious schools varies depending on state laws, including mandatory reporting requirements and supervision expectations. In some states, these schools are not required to obtain a license or government approval, allowing them greater autonomy since they are not subject to the same state or federal regulations that apply to public schools. However, even in these cases, private and religious schools often have contractual obligations outlined in handbooks or agreements with parents, which require them to take reasonable steps to ensure the safety and welfare of their students. Accreditation also plays a critical role in setting standards for these schools, with various accrediting agencies offering different levels of prestige, credibility, and recognition. Our private and religious school expert witnesses can help assess whether schools are in compliance with their accreditation standards and determine potential liability.
There are several well-known and respected accreditation agencies in the United States that provide standards and oversight for private, independent, and religious schools. Strongest and most prestigious accreditation is the The National Association of Independent Schools (NAIS) which provides guidance on a wide array of school operational matters, from curriculum design to legal issues. There are also other widely respected accreditation agencies that play a critical role in maintaining standards for private, independent, and religious schools across the United States including Middle States Association of Colleges and Schools (MSA), New England Association of Schools and Colleges (NEASC), and Western Association of Schools and Colleges (WASC), which emphasize academic excellence, governance, and continuous improvement. Other notable agencies like the Association of Christian Schools International (ACSI) and the National Independent Private Schools Association (NIPSA) also set important standards for religious and independent schools.
A private and religious school expert can assist in determining whether accreditation standards and the general duty of care were met in litigation cases where a student was harmed due to non-compliance. These experts can evaluate whether the school fulfilled key responsibilities, such as providing adequate supervision, maintaining safe facilities, implementing effective anti-bullying policies, and ensuring staff are properly trained to recognize and respond to risks. Additionally, they can assess whether the school followed the necessary guidelines for maintaining program quality and student safety, which are crucial in understanding liability and operational deficiencies in cases of harm.
State Mandatory Reporting Laws
State mandatory reporting laws apply to private and religious schools and play a significant role in the private and religious schools’ duty to protect their students from harms inflicted by school employees, other students, and even abuse and harm at home. Reporting and compliance with mandatory reporting laws is dependent on effective training of school administrators, teachers, students, and parents. a private and religious school expert witness can evaluate cases involving private schools and make determination if the training provided was adequate to ensure that school administrators, teachers, and other mandatory reporters appropriately reported instances of suspected or known child abuse or neglect. Timely reporting to the authorities and child protective services is crucial for student safety and to minimize the risk of litigation and liability. Additionally, School Liability Expert Group offers services to private and religious schools to review and improve policies and provide training on mandatory reporting and protection of students..
Contractual Obligations
In addition to the duty to provide reasonable care and be compliant with its accreditation standards, private and religious schools also have contractual obligations to its students and their families. Private school enrollment contracts often contain commitments to provision of a safe and healthy school environment which requires schools to properly supervise and protect its students and adequately screen and supervise its employees in order to not expose students to harm. Promises and contractual obligations are part of our private and religious school expert witness review and analysis to determine whether the duty of care was breached in any particular case and whether those breaches resulted in harm to students. Attorneys for both plaintiff and defense find our expert analysis valuable in helping determine the direction of their case.
Notable examples of success in breach-of-contract lawsuits involve contract breaches such as failure to provide adequate diagnostic testing and individual reading instruction, promises to qualify students for a licensing exam despite a lack of proper accreditation, and failing to screen a student’s criminal background before enrollment. A private and religious school expert witness is especially helpful in these specific breach-of-contract cases to offer reports, consultations, or testimony. Our private school expert witness can assist the defendant or plaintiff in these lawsuits. Moreover, our team can also work with the private or religious school regarding the rhetoric of their contract and the compliance of their program with their agreement.
Marketing Materials
Public representations made on a school’s website, brochures, and promotional materials can have a significant impact on the school’s duty of care by creating expectations and commitments that parents and students may rely on. When a school promotes itself as providing a safe, supportive, or high-quality educational environment, these statements can serve as either express or implied contractual obligations, potentially raising the standard of care the school is expected to meet.
Parents and students often base their enrollment decisions on the information provided in these materials. If the school fails to meet the expectations it sets, such as claims of specialized safety protocols or robust academic support, it could face liability for negligence or breach of contract if harm occurs. Courts may view these representations as setting a higher standard of care than what is legally required, holding the school accountable for not following through on its promises.
In cases of student harm, a private and religious school expert witnesses can assess whether the school’s promotional materials established specific obligations and whether the school failed to meet those expectations, contributing to the injury or harm suffered. A private and religious school expert witness can testify to the school’s failures to adhere to standards and promises implied in their promotional materials that were instrumental in parents placing their children in the custody and care of the school. If you have a case against or you are helping defend a private or religious school, schedule a call with our team to discuss your case and see how our experts can help.
Private School Expert Witness Services
Our court-qualified experts are ready to support your case with tailored, specialized guidance. Backed by extensive education, professional experience, and training, our team has successfully assisted in cases across the United States. Discover the value of working with experts who understand the complexities of your case by exploring our client testimonials. Schedule a call with the School Liability Expert Group today to discuss how our consulting or expert witness services can provide the support you need.